Wyo. Code R. 041-0002-7
Council on Fire Prevention, Electrical Safety
Chapter 7: Procedures for Appeals from a Local Appeals Board
Effective Date: 02/21/2012 to Current
Rule Type: Current Rules & Regulations
Reference Number: 041.0002.7.02212012
PROCEDURES FOR APPEALS FROM A LOCAL APPEALS BOARD
Section 1. Authority.
(a) These rules are promulgated under the authority of W.S 35-9-121(e) and (f), and W.S. 16-3-102(a)(i).
Section 2. Commencement of Appeal.
(a) A decision rendered by a local municipal or county appeals board pursuant to W.S. 35-9-121(d) may be appealed to the Council on Fire Prevention and Electrical Safety (Council) within thirty (30) days from the entry of a decision by the local board. The notice of appeal shall be filed with the Council on Fire Prevention and Electrical Safety, 122 West 25th Street, Cheyenne, WY 82002.
(b) The notice of appeal shall include the following:
(i) A copy of the decision appealed from.
(ii) Identification of the parties. The party who files the notice of appeal is the Petitioner. Any party who responds to the notice of appeal is the Respondent. The local board that rendered the decision under appeal shall not be a party absent the granting of a motion to intervene.
(iii) A statement of the grounds for appeal, including the issues upon which the appeal is based and the errors alleged to have been committed by the local board.
(iv) The relief sought by the Petitioner.
(v) The notice of appeal shall be signed by the Petitioner or his attorney and shall contain the mailing address and telephone number of the Petitioner or his attorney.
(vi) A certificate of service.
(c) Service.
(i) When a notice of appeal is filed with the Council, the Petitioner shall contemporaneously serve a complete copy of the notice on each party that appeared before the local board and shall also serve a copy on the local board that rendered the decision under appeal.
(ii) The notice of appeal shall be served on each party and the local board by placing a true and correct copy in the United States mail, postage prepaid, or by hand delivery.
(iii) A certificate of service shall be filed with the notice of appeal.
(d) Computation of time. The time period for filing a notice of appeal shall begin on the day after the local board's decision or on the day the decision was mailed, whichever is later, and shall conclude on the thirtieth (30th) calendar day. If the thirtieth (30th) day falls on a Saturday, Sunday, or legal holiday, the period for filing runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
(a) No later then ten (10) days after the notice of appeal has been filed, the local board shall certify the record of the proceeding under appeal to the Council at the address indicated in Section 2(a) of this chapter.
(b) The record on appeal shall include:
(i) All formal and informal pleadings, briefs, motions, and rulings.
(ii) All evidence, including exhibits, received and/or considered by the local board.
(iii) All testimony reported stenographically or by any other appropriate means determined by the local board or the officer presiding at the hearing.
(iv) The local board's findings of fact, conclusions of law, and order.
(a) Any party may, but is not required to, submit a brief to the Council no later than twenty (20) days after the notice of appeal is filed. Copies of the brief shall be served on all parties that appeared before the local board. Contents of the brief shall be limited to the facts and issues raised before the local board. A brief that fails to comply with this section will not be considered by the Council.
(a) Timing. Oral arguments shall be heard by the Council within thirty (30) days of the notice of appeal. An order setting the date, time, and location shall be mailed by the Council to all parties at least fifteen (15) days prior to the date set for oral arguments.
(b) Appearance. Any party may appear on his own behalf or be represented by an attorney licensed to practice law in Wyoming. No party is required to appear for oral arguments. If a party fails to appear, the Council will presume the absent party elected to rely on the official record, notice of appeal, and written brief if filed.
(c) Procedure. Each party to an appeal shall have a maximum of thirty (30) minutes to present its oral argument. The Petitioner will go first followed by the Respondent(s). The Petitioner may reserve a portion of its time for rebuttal. Following oral arguments, the Council will deliberate and issue an oral decision. A written decision containing findings of fact and conclusions of law will be issued as soon as possible.
(a) The Council's review shall be confined to the record on appeal, any briefs properly filed by the parties, and oral arguments. The review shall be limited to a determination whether the local board's action was:
(i) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law;
(ii) in excess of statutory jurisdiction, authority or limitations or lacking statutory right;
(iii) without observance of procedure required by law; or
(iv) unsupported by substantial evidence.